123STA T . 13 0 2 PUBLIC LA W 111 – 11 —M A R .30 , 200 9(d)ADMIN I STRA TI VEP R O VISIONS .— ( 1 ) C OO P ERATIVE A G REEMENTS.— (A) I N GENERA L .— TheS e cr e ta r ym aye n ter i nt o any contract ,g rant, coo p erati v e agreement, or other agreement that i s necessary to carry o u t this section. ( B ) COOPERATIVE AGREEMENT F OR PROVISION OF FINAN -C IAL ASSISTANCE.— (i) IN GENERAL.—The Secretary sha l l enter into a cooperative agreement w ith the Authority to provide f inancial assistance and any other assistance re q uested b y the Authority for planning, design, related preconstruction activities, and construction of the System. (ii) R E QU IREMENTS.—The cooperative agreement entered into under clause (i) shall, at a minimum, specify the responsibilities of the Secretary and the Authority with respect to— (I) ensuring that the cost-share requirements established by subsection (b)( 2 ) are met
(II) completing the planning and final design of the System; (III) any environmental and cultural resource compliance activities required for the System; and (I V ) the construction of the System. (2) TEC H NICAL ASSISTANCE.—At the request of the Authority, the Secretary may provide to the Authority any technical assistance that is necessary to assist the Authority in planning, designing, constructing, and operating the System. ( 3 ) BIOLOGICAL ASSESSMENT.—The Secretary shall consult with the N ew M e x ico Interstate Stream Commission and the Authority in preparing any biological assessment under the E ndangered Species Act of 1 97 3(1 6U .S.C. 1 5 31 et seq.) that may be required for planning and constructing the System. ( 4 ) EFFECT.—Nothing in this section— (A) affects or preempts— (i) State water law; or (ii) an interstate compact relating to the allocation of water; or (B) confers on any non- F ederal entity the ability to exercise any Federal rights to— (i) the water of a stream; or (ii) any groundwater resource. (e) AUTHORI Z ATION OF APPROPRIATIONS.— (1) IN GENERAL.—In accordance with the ad j ustment car- ried out under paragraph (2), there is authori z ed to be appro- priated to the Secretary to carry out this section an amount not greater than $ 327, 0 00,000. (2) AD J USTMENT.—The amount made available under para- graph (1) shall be adjusted to reflect changes in construction costs occurring after J anuary 1, 2007, as indicated by engineering cost indices applicable to the types of construction necessary to carry out this section. (3) NONREIM B URSABLE AMOUNTS.—Amounts made available to the Authority in accordance with the cost-sharing require- ment under subsection (b)(2) shall be nonreimbursable and nonreturnable to the United States. Consulta t i on .
